Orange criminal takes the 5th.

Boiler, it works different in a civil case than it does a criminal case.  During a civil trial you aren't  in jeopardy of going to jail so pleading the fifth is treated as a confession because you're choosing not to challenge the evidence presented against you. 

 

That's why I said above an attorney would only advise a client to take the fifth in a civil proceeding if the client was facing significant criminal liability by answering the questions presented truthfully.  Essentially, the AG in New York could request that the Trump organization be given the corporate death penalty. So millions of dollars are at stake and Trump chose not to defend himself. A rational person would only do that if they knew answering the questions truthfully would land them in prison.

Edited on Aug 10, 2022 2:02pm

It's not opinion. It is how the law works.  The 5th Amendment protects you against self incrimination not judgments in civil proceedings.

Edited on Aug 10, 2022 2:07pm
Originally posted by: Mark

It's not opinion. It is how the law works.  The 5th Amendment protects you against self incrimination not judgments in civil proceedings.


        Wrong. What are the main points of the 5th amendment? The Fifth Amendment breaks down into five rights or protections: the right to a jury trial when you're charged with a crime, protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation.

David one of us went to law school the other didn't.

 

Run can you take the 5th in a civil case in NY through Google and see what you come up with.


Originally posted by: Mark

Boiler, it works different in a civil case than it does a criminal case.  During a civil trial you aren't  in jeopardy of going to jail so pleading the fifth is treated as a confession because you're choosing not to challenge the evidence presented against you. 

 

That's why I said above an attorney would only advise a client to take the fifth in a civil proceeding if the client was facing significant criminal liability by answering the questions presented truthfully.  Essentially, the AG in New York could request that the Trump organization be given the corporate death penalty. So millions of dollars are at stake and Trump chose not to defend himself. A rational person would only do that if they knew answering the questions truthfully would land them in prison.


When a party invokes the Fifth Amendment privilege against self-incrimination in a civil case, the court is permitted to instruct the jury that it may draw an adverse inference that the answer would have been against the party’s interest. Mitchell v. United States, 526 U.S. 314, 119 S. Ct. 1307, 143 L. Ed. 2d 424 (1999); Baxter v. Palmigiano, 425 U.S. 308, 318, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976); Farace v. Independent Fire Insurance Co., 699 F.2d 204, 210 (5th Cir.1983) - Nowhere does pleading the fifth does it say that it "is treated as a confession"

Originally posted by: David Miller

When a party invokes the Fifth Amendment privilege against self-incrimination in a civil case, the court is permitted to instruct the jury that it may draw an adverse inference that the answer would have been against the party’s interest. Mitchell v. United States, 526 U.S. 314, 119 S. Ct. 1307, 143 L. Ed. 2d 424 (1999); Baxter v. Palmigiano, 425 U.S. 308, 318, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976); Farace v. Independent Fire Insurance Co., 699 F.2d 204, 210 (5th Cir.1983) - Nowhere does pleading the fifth does it say that it "is treated as a confession"


And what do you think adverse inference means?

 

I'll make it easy.  It means you can assume he is guilty because he refused to answer the questions.  

  To "infer" -INFER | definition in the Cambridge English Dictionaryhttps://dictionary.cambridge.org › dictionary › infer to form an opinion or guess that something is true because of the information that you have - no where does this definition state that "to infer" is a "confession" - as you wrongly stated. There, I have made it easy for you.

Edited on Aug 10, 2022 2:52pm

No, but that is the practical effect. Here is how it works.

 

AG: Mr. Trump isn't it true you kept two sets of books?

 

Mr. Trump: I plead the 5th

 

The jury infers he kept two sets of books


AG: Mr. Trump isn't it true you inflated the value of your properties to obtain loans?

 

Mr. Trump: I plead the 5th

 

The jury infers he inflated the values of his properties to obtain loans. 

 

Each time you take the 5th in a civil proceeding you are admitting to whatever is being asked or in other words you are confessing.

Edited on Aug 10, 2022 5:03pm
Originally posted by: Mark

No, but that is the practical effect. Here is how it works.

 

AG: Mr. Trump isn't it true you kept two sets of books?

 

Mr. Trump: I plead the 5th

 

The jury infers he kept two sets of books


AG: Mr. Trump isn't it true you inflated the value of your priorities to obtain loans?

 

Mr. Trump: I plead the 5th

 

The jury infers he inflated the values of his properties to obtain loans. 

 

Each time you take the 5th in a civil proceeding you are admitting to whatever is being asked or in other words you are confessing.


  Bullshit. You stated it was a confession - it isn't and never was. You are nothing but an alarmist psuedo lawyer who would be better off chasing ambulances that spouting off with generalizations and out and out lies. People may "infer" what they want, "inferring" is not a confession. 

Davee-Boi is too stupid to realize he's been schooled...... Bigly.

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